Former FCC Commissioner Mike O'Rielly filed an amicus brief Friday (docket 24-7000) in support of industry groups in their challenge of the FCC's net neutrality rules (see 2408200052). O'Rielly told the 6th U.S. Circuit Court of Appeals that broadband is an information service and Title II regulations contravene the Telecom Act of 1996. "Broadband offers users the capability to generate, store, transform, process, retrieve, utilize, and make available information," O'Rielly said, noting those are "precisely the functional capabilities that define an information service." He urged the court to grant the industry groups' petition for review and vacate the order.
Filings continue at the FCC on the hotly contested issue of whether the FCC should grant the FirstNet Authority and AT&T effective control of the 4.9 GHz band (see 2408160027). The proposal for such from the Public Safety Spectrum Alliance (PSSA) generated filings from both sides. Giving FirstNet control “would strip today’s 4.9 GHz public safety licensees’ right to expand their systems by forcing incumbent licensees to surrender the spectrum they are not using,” Amesville, Ohio, Mayor Gary Goosman wrote in a filing posted Friday in docket 07-100. “It would permit AT&T to use the band for commercial purposes, which runs counter to the mission of this public safety band,” Goosman said. The Virginia Fire Chiefs Association disagreed. “The FirstNet Authority has proven it can effectively manage the public safety spectrum, as evidenced by the successful nationwide deployment of Band 14,” it said.
Representatives of CTIA and the major carriers urged the FCC to address an issue the agency raised on pole attachments in 2019, providing clarity that wireless providers have access to utility light poles (see 1911200033). CTIA met with Wireline Bureau staff, along with representatives of AT&T, T-Mobile and Verizon. "Commission actions over the past several years to clarify the rights and responsibilities under the Communications Act, including for the Section 224 pole attachment framework, have helped enhance transparency and efficiencies in the siting process,” a filing posted Friday in docket 17-84 said. CTIA urged the commission to “seek ways to streamline infrastructure deployment and clarify the rights and obligations of pole owners and attachers, in order to reduce or eliminate deployment barriers that remain.”
The FCC addressed several pending petitions for reconsideration concerning the commission's rules for incarcerated people's communications services. In a notice for Monday's Federal Register, the commission granted Hamilton Relay's petition on certain aspects of the 2022 IPCS order. Hamilton sought reconsideration of the requirement that an incarcerated person's video relay service and IP-captioned telephone service registration information be updated within 30 days of the user being released from incarceration or transferred to another facility. It dismissed the United Church of Christ and Public Knowledge's joint petition on the commission's 2021 order (see 2302240041). It also dismissed Securus' petition for clarification regarding site commissions in the 2021 order and dismissed in part and otherwise denied Securus' waiver request for alternative pricing plans.
Oral argument in the Minnesota Telecom Alliance's challenge of the FCC's digital discrimination rules in the 8th U.S. Circuit Court of Appeals (see 2408220015) will take place on Sept. 25, said an order Friday (docket 24-1179). Judges James Loken, Duane Benton and Steven Grasz will hear the case.
Vice President Kamala Harris, the Democratic presidential nominee, didn’t mention broadband or other telecom issues in her acceptance speech at the Democratic National Convention Thursday evening. However, she promised global leadership on “space and artificial intelligence.” Harris said she would ensure “that America, not China, wins the competition for the 21st Century.” She also called out her Republican opponent, former President Donald Trump, over “his explicit intent to jail journalists” and political opponents. Trump has repeatedly called for FCC action against media companies for their "fake" reporting (see 2401170050). Harris also mentioned the Heritage Foundation’s Project 2025 plan: “We know what a second Trump term would look like. It’s all laid out in Project 2025, written by his closest advisers.” FCC Commissioner Brendan Carr is identified as the principal author of the FCC chapter in Mandate for Leadership: The Conservative Promise, the book laying out Project 2025’s plan for a second Trump administration. Commissioner Nathan Simington is credited as a contributor. Trump has repeatedly disavowed connection to Project 2025, though he has also publicly embraced Heritage's effort. In a Truth Social post during Harris’ speech he wrote: “LYING AGAIN ABOUT PROJECT 2025, WHICH SHE KNOWS, AND SO DO ALL DEMOCRATS, THAT I HAVE ABSOLUTELY NOTHING TO DO WITH!”
Senate Commerce Committee ranking member Ted Cruz, R-Texas, latched on to a new Government Accountability Office report about the Universal Service Administrative Company’s handling of the Universal Service Fund to criticize the program’s spending and repeat his call for Congress to make USF subject to the federal appropriations process (see 2403060090). Democratic FCC Commissioner Anna Gomez, meanwhile, told us earlier this month that Congress must prioritize a legislative fix for the USF contribution mechanism after the 5th U.S. Circuit Court of Appeals' recent ruling that the current funding factor is unconstitutional (see 2407240043).
Additional conditions on Satellogic's proposed earth observation satellite service constellation (see 2403080002) are acceptable as long as they're not more burdensome than those the FCC has put on similarly situated applicants, the satellite operator said. Satellogic told the FCC Space Bureau this week it has no objection to such conditions as semi-annual reporting to the FCC on near-miss events, and mandatory reporting of loss of control of satellites at altitudes above 350 km. Earlier this month, SpaceX urged conditions on Satellogic akin to what the agency put on SpaceX's second-generation Starlink satellites. SpaceX has made similar requests regarding numerous other pending constellations (see 2301180049).
The FCC Media Bureau extended commenting deadlines for the agency’s NPRM on AI political ad disclosures, but the extension is not as long as NAB and the Motion Picture Association requested (see 2408120034). Comments are now due Sept. 19 and replies Oct. 1; the trade groups wanted them pushed to Oct. 4 for comments and Nov. 4 for replies. “We find that an extension of the comment and reply comment deadlines by 15 days and 22 days, respectively, (rather than the 30 days and 45 days requested by the Joint Filers) is sufficient to allow for the preparation of meaningful comments and reply comments,” a Media Bureau order said Thursday. Although some were concerned that the FCC was aiming an eventual rulemaking on AI political ads to be effective for the 2024 presidential election, the extension appears to make that impossible. Election Day is Nov. 5.
Noting its launch operations are continuing, Dish Wireless asked the FCC to keep confidential information submitted to it as part of the broadband data collection process. In particular, Dish sought confidential treatment for the mobile propagation modeling and mobile link budget information it submitted, and mobile voice and data subscription numbers. Dish “recognizes that the current rules do not allow for confidential treatment of ‘provider-specific mobile deployment data,’” a filing posted Thursday in docket 19-195 said. But “disclosing the entirety of the data that DISH is required to submit in these two proceedings would have the perverse effect of harming a nascent 5G competitor, which would undermine the Commission’s ultimate goal of increasing broadband availability and competition,” Dish said.